Debt recovery is always a difficult thing.
After the completion of the trial is issued an executive list for which you have the right to get your money from the debtor. However, the court decision does not guarantee that the debtor will immediately voluntarily return all the money. Often you have to resort to forced order and contact the bailiffs.
How to recover debt on the executive list?
After receiving the executive list, you have two ways:
- returning debt independently, presenting a document for recovery;
- contact bailiffs.
The executive list does not guarantee a full refund.
Independent recovery of debt on the actuator
To return debt yourself, it is necessary to find out what bank the debtor keeps the money and where it works. Information will help determine where to direct the executive list.
By law, the lender has the right to get all the information in tax Service. It is necessary to present an executive list with a non-speaking period of action.
Finding out where the debtor has open accounts, you should contact the bank. The institution arrests money on the account no matter what the owner of funds for this or not.
The debtor can store funds in several financial organizations. In this case, make several duplicates of the executive list, wrap them with a notary and direct them into banks.
Another way is to appeal at the place of work of the debtor. In this case, part of its income will be every month to go to the debt payment.
You know where the debtor keeps money - apply the executive list to this bank.
Services of bailiffs
Even if the debtor promised to repay the debt soon, but you doubt his honesty, present an executive list to the service bailiffs. Attach a statement to him with a request to adopt a document for execution.
After 3 days, bailiffs will discover enforcement proceedings. You and the debtor will send a copy of the ruling. We'll have to wait another 5 days. This period is given to the debtor for voluntary repayment of debt. If he ignores him, then the debt charges forcibly.
Contact the FSSP department at the reception of the debtor.
The bailiffs have much more powers than in ordinary citizens. Therefore, you can get back your money faster. They are entitled:
- arrest debtor bills;
- describe property for subsequent sale;
- introduce a ban on traveling abroad;
- establish a restriction on driving a car;
- direct documents at the place of work of the debtor to hold part of its income.
Because of the big workload, bailiffs often do nothing for a long time. To avoid this, control the process - call the department and ask how the recovery is promoted. You can also connect to the process of an experienced lawyer.
They gave the executive list to FSSP - check the course of debt collection.
What documents will required?
Provide a passport and the following paper:
- Application for the performance of requirements for executive List
In it, specify information about the recovery, the details of the debt transfer, the amount of the debt, the data on the execution list.
- Second copy of the application
If the first you pass to credit Organizationthen the second will remain with you. It is an adoption mark on it.
- Performance list
This document will be required. A copy, even certified, not worth it - you will refuse.
- Power of attorney
It is needed if a representative is valid for you. Remember that it must be assured by the notary.
After returning funds to the bank, a mark on the executive list on the implementation of the recovery is made.
What if funds are not enough in the debtor's accounts?
If you pay a debtor with nothing, the penalty can draw on its property. But it is not possible to implement everything. For example, if the apartment in which the owl citizen lives is the only place to stay his family, it cannot be used with a hammer.
If the debtor works, from his salary every month will be deducted a certain amount. In case a person in general there is nothing to take ,.
In some cases, the court makes a decision about. In general, the decision of the judicial body implies its immediate and voluntary execution. But, as shown arbitrage practice, not every debtor hurries to fulfill his duties before the plaintiff.
In such cases, the recovery of debt on the executive list is initiated. The executive list itself is a special procedural document, which is legally binding.
Opportunities of the Federal Bailiff Service
Recovery of debt on the executive list with individual It can be carried out both independently after receiving the procedural document and with the help of bailiffs. Most often, these employees are engaged in the recovery of problem debts. What opportunities is FSSP?
- Communication in Q. banking organizations and tax authorities about property or existing personal accounts of the debtor;
- Imposing arrest on property and cash;
- Requirement of immediate debt repayment with the debtor of the accounts detected from the debtor;
- Seizure of property I. money;
- Implementation of property and cash for further repayment of debt;
- The organization of searching events against the debtor.
After acceptance judicial decision In the installed legal order judicial authority Must be obliged to send an executive list to FSSP for further initiation of enforcement proceedings. How to recover money on the executive list? As mentioned above, it can be done on your own, but best, if this process will be engaged in bailiffs that have more advanced opportunities for conducting this procedure.
How do bailiffs work?
After receipt of the executive list, the bailiff initiates production, the procedural one is two calendar months.
During the executive production period, an employee Federal Service Bailiffs are obliged to check all available information about the debtor, it must make requests to the relevant authorities on the availability of funds in the account, movable and real estate. At the same time, bailiffs first try to contact the debtors directly. If it is impossible to do this or when evading the debt payment, the bailiff holds a full range of measures to arrest and implementing property.
Important! In accordance with the norms of the law "On Enforcement Proceedings", the enforcement proceedings are three years, and it is equal to the statute of limitations.
The measures described above show how you can recover debt on the executive list using FSSP. Usually, the debtor is given to voluntary repayment, the debtor is given five days, after that, the representative of the Federal Bailiff Service appeals to the diverse assets of the debtor.
Terms of recovery of the debt obligations of the FSSP
According to the norms of federal legislation, the attract is obliged for 2 months from the date of the court decision to fulfill all the actions on the search for an individual. But, as practice shows, the timing can be significantly tightened, while not a month, but even for a year or more.
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Judicial proceedings are valid for three calendar years, after which the debt is annulled and written off. If no assets are detected, there is no property, then the enforcement production can be closed.
If the bailiffs cannot recover debts, then there are opportunities such as appeal Pension Fund. In this case, the obligations will be pensions monthly. Among other things, the bailiffs can deprive a person of driver's license or impose a veto to travel abroad.
The company won the dispute and received the documents necessary for the recovery. To receive funds from the debtor, you can act independently or give documents to the bailiffs.
First, the company is better to try to recover the debt on their own. If this method does not give the result, you need to contact bailiffs. In any case, you will have to do everything exactly to you, but when the sheet is at the baits, you can use their powers.
As companies recover debt without bailiffs
To independently recover the debt, present a sheet to the bank, where the debtor has an invoice (part 1 of Art. 8 Federal Law from 02.10.07 No. 229-FZ, hereinafter -). Details are usually in the contract. When at least one account is known, act as:
- Make a request to the IFTS on providing information about all accounts and attach a copy of the actuator (see sample).
- Apply to the Bank to write down funds from the debtor's account and attach the original executive list. In the application, give the information specified in Article 8 of Law No. 229-FZ (see Sample).
If there are no account details in the contract with the debtor, look for them on the debtor's website or third-party sites. In requisition of the debtor's employees, not aware of the recovery of debt. Or refer to the debtor myself on behalf of another company with a proposal to buy his goods (use the services) and request an invoice to list the advance, - so you can learn the "live" account to which money comes.
When several debtor accounts are known in different banks, apply sequentially, as you need to apply the original executive list.
If there is money in the account of the debtor, the bank will write them down and lists for three days to the account specified in the application. When the money is not enough, the bank will write only what is. The rest he will accumulate as arrivals. The debtor will most likely immediately recognize about the write-off, so the money on this score will not be received. Call the sheet and submit it to another bank. Complete so on all the famous accounts.
The disadvantage of the method is that it will take time if there are several accounts and they are in different regions. In addition, the debtor can open new accounts that you will find out only re-sending a request to the IFTS. But when there are few bills, it is good way. If you can't get the money like that, refer to the attacks.
How companies recover duty through bailiffs
Application for the initiation of enforcement proceedings
Apply for the initiation of enforcement proceedings in the Department Department at the debtor. The address of the debtor is in an extract from the register, the departure department can be found through the service on the FSSP website of Russia.
The application is in free form (see sample). Attach the executive list (original) and the power of attorney from the company. In order for the recovery to go faster, write about the famous property of the debtor and ask for an arrest on it (Art. 30 of Law No. 229-FZ). Arrest stands already under the excitation of production, without waiting for a term for voluntary repayment of debt. The decision on the arrest of the bait must take during the day from the date of receipt of the application (part 2 of Article 80 of Law No. 229-f).
Excitation deadline
Executive proceedings should be excited by a maximum after six days: within three days from the date, the application code will go into the department, it will be transferred to the preil to the production. Next, the baits for three days makes a decree on the initiation of enforcement proceedings. This resolution, he directs the recoverer and the debtor (part 7, 8, 17, Article 30 of Law No. 229-FZ).
In the decision on excitement, the attractive will indicate that the debtor has five days to return the money voluntarily. After that, the tools are charged forced, and in addition, the performing gathering is 7 percent of the debt amount.
After 6 days from the date of the submission, go to the reception to the bottom. Usually he takes twice a week. It is better to come before the start of reception to take the queue. You can also make an appointment in advance through the service on the UFSSP website in the region. Those who have written in advance have priority over a common queue, but this service does not always work. You can also try to call the bait, but is usually impossible. In addition, he is not entitled to talk about the production by telephone.
Documents in the initiation of enforcement proceedings
At the first place, see the excitation of production. Check out the ruling, which delivered, whether it is true in it is indicated about the debtor, a recoverer, executive list and the amount of debt. Formal errors can be the basis for cancellation of the decision on the debtor's application ().
Also ask the attachment to print requests to banks, tax inspection, Rosreestr, Ministry of Internal Affairs and give instructions in the hands, which will allow you to submit these requests and get answers. If you have information about the specific property of the debtor, ask the bailiff to impose a ban on the order.
Requests from the bailiff
Attachts have an electronic turnover with many organizations. When the addition excites production, the program (AIS FSSP of Russia) sends requests to banks, tax and other organs. The baits come answers within 7 days (Part 10 of Art. 69 of Law No. 229-FZ). The difficulty is that he has no time to read them. To find out which requests made an attachment, request a production report from this program. Not every bait knows how to do it, in this case will have to turn to his supervisor - it may be long, so it is better to take requests on paper, devoted them yourself and get answers. In case of sewn, it often does not have copies of requests for the reason that they are sent electronically.
When will be answers to requests, act by type of property: money in accounts and in the checkout, movable and real estate, receivables.
A large number of credit products gives us opportunities to acquire new things without spending time to accumulate. This, of course, is good. But there are problems in the form of irrevocable loans.
Lenders are trying to return the funds issued by all means using various means to appeal collector agencies Before the proceedings in court. As practice shows, it is the last way that is the most productive. After all, with help, they are subtracted from the salary of the debtor, his accounts are arrested and property. The question remains - how to recover the debt under the executive list, if the debtor does not have anything: neither the property, no money.
Employees of the recovery service applies a whole range of measures used for a forced debt refund if a citizen does not want to voluntarily return the funds taken.
Before confessing the fact that there is nothing at a citizen, the service officer must carry out the following activities:
- The request to the tax is trying to know the place of work of the debtor. True, he will be able to succeed only if the citizen officially works.
- A similar request to the pension - maybe the debtor receives a pension, and to the auto inspection - whether he has registered transport.
- Appeal to the registration for ownership of real estate and to the bank - for deposits and accounts.
The described actions did not led to positive results, then the following measures can be applied by employees of the Service:
- Ban debtor for foreign trips.
- Debtor's persuasion for voluntary repayment of the resulting debt.
- Checking the family state of the owl borrower. With a positive response from the registry office, it is possible to keep part of ownership from a spouse (s) under the conditions of solidarity responsibility.
In cases where the above events did not succeed, the service officer has the right to declare the debtor's property in the executive wanted list. To do this, he makes an appropriate decision.
The basis for its submission can be a declaration of a charter - in this case, the ruling should go out within three days after receipt. Also, such a resolution can see the light, if the employee has a foundation for the search declaration.
The debtor needs to be known that by law, the abill has full law To take actions of any nature that do not contradict the legislation and contribute to the execution of his duties on the return of debts. The list of actions is determined by the employee himself, taking into account the characteristics of the case.
For example, he has the right to use the media, free advertisements about the search for the debtor itself and its property asking for help in the wanted list. Such examples occur, and the practice of using them shows that many citizens are happy to respond to the request of employees.
He can also resort to the help of employees of private detectives operating officially.
If there is no money and property and at the same time the debtor does not work anywhere, there is also a way out. Of course, it cannot be made to make a job a debtor to work, but in his right to give him a direction to the employment service. Usually, employees come and do, especially when debts are formed by alimony.
What happens when the debtor has nothing detected
In this case, the executive document simply returns back to the recovery. At the same time, the act is drawn up in which it is indicated that the wanted interventions did not give anything. Also, an employee of the service is made a decree on the cessation of production and return the executive list to the recoverer. The latter can later submit it re-for execution. If new information about the debtor and its property appears, then the refund can be carried out before.
What can threaten the debtor in this case
If production did not succeed, and the debtor still does not want to voluntarily pay, then how to be a recoverer? Only one thing - to contact the law enforcement agencies to bring him to justice according to Art. 315 CC.
In addition, the interaction of the recoverer with bailiffs and employees of the Autosoperation will allow to deprive the driver's license of the debtor for a certain time.
In addition, the debtor can take advantage of the new bankruptcy law. Persons. Minus in the high cost and complexity of the indicated article, people simply do not want to contact him because of the details you mean.
What else?
Despite all the efforts of the defending party, the legislation says unambiguously - effective measures to recover overdue debt does not exist. Example: The judge makes its decision, and, while it comes into force, the debtor has time to get rid of his property. He can rewrite it to a relative, to arrange a gift, including on the existing business. Many operating officially dismissed and begin to work unofficially.
The ban on foreign trips is also not particularly frightened, because and within the country there is a possibility to relax well. And to prove that they did all this intentionally, it is very difficult. As you can see, in the "Arsenal" of the debtor there are quite many different ways to avoid payments.
While the opposite side is limited by the requirements of legislation, therefore, in most cases, they simply relieve that the debtor will eventually wake up conscience and it will start paying.
A recoverer for its part can also turn to:
- The service of mediators is a company that helps in negotiations with the debtor to achieve a compromise.
- Manifiers - often they work much more efficiently. But here is the danger in the other - these offices use methods whose legality is on the verge.
- To the maximum intensify the interaction with bailiffs. For example, try to assemble yourself additional information About the debtor and transfer it to employees of the service.
As you can see, there are not many ways, but they are.
